Borough of Sellersville, PA
Bucks County
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Table of Contents
Table of Contents

§ 160-28 Use standards and criteria.

§ 160-29 Townhouse dwellings.

§ 160-30 Multiple dwelling.

§ 160-31 Conversion apartments.

§ 160-32 Boardinghouse.

§ 160-33 Dormitories.

§ 160-34 Day care.

§ 160-35 Private nurseries and kindergartens.

§ 160-36 Nursing homes.

§ 160-37 Personal care facilities.

§ 160-38 Police and fire stations.

§ 160-39 Offices.

§ 160-40 Business service establishments.

§ 160-41 Commercial recreation and entertainment facilities.

§ 160-42 Retail stores and businesses.

§ 160-43 Gasoline-dispensing facility and motor vehicle service stations.

§ 160-44 Hotels and motels.

§ 160-45 Mortuary.

§ 160-46 Personal service establishments.

§ 160-47 Restaurants, taverns and nightclubs.

§ 160-48 Veterinary office or hospital; kennel.

§ 160-49 Communication transmitting and receiving facilities.

§ 160-50 Community garage or parking lot.

§ 160-51 Principal supply utilities.

§ 160-52 Apartment combined with a commercial use.

§ 160-53 Produce stand.

§ 160-54 Home occupation.

§ 160-55 Horticulture.

§ 160-56 Private swimming pool.

§ 160-57 Rooming house.

§ 160-58 Temporary structures and uses.

§ 160-59 Accessory buildings; private garages.

§ 160-60 Other accessory uses.

§ 160-61 Adult bookstores; adult theater.

§ 160-62 Mobile homes.

§ 160-63 Mobile home park.

§ 160-64 Mixed principal uses.

§ 160-65 Prohibited uses.

§ 160-66 Maximum building heights.

§ 160-67 Maximum structural heights.

§ 160-68 Traffic visibility across corners.

§ 160-69 Building setbacks on corner lots and double frontage lots.

§ 160-70 Front yard exception.

§ 160-71 Side yard exception.

§ 160-72 Rear yard requirement for triangular lots.

§ 160-73 Permitted uses in yards.

§ 160-74 Walls not parallel to lot line.

§ 160-28 Use standards and criteria.

A. 
The regulations for each district pertaining to minimum lot size, minimum lot width, maximum lot coverage and yard requirements are specified in Article IV. The purpose of this article is to supplement that article with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article IV, the provisions of this article take precedence.
B. 
Regulations applying to lots, buildings and uses in existence prior to the effective date of this chapter shall be governed by Article X.

§ 160-29 Townhouse dwellings.

A. 
In MR and NC Districts, row dwellings shall be built to a density of not more than 12.4 dwelling units per acre. This density rather than the lot area shall be controlling.
B. 
Additional requirements shall be as follows:
(1) 
A minimum distance between townhouse structures shall be 25 feet at any angle.
(2) 
Variation of design.
(a) 
An overall structure of attached dwelling units of more than three units shall not be permitted with one common roofline nor with equal front yard setbacks for all units. Similarly, the appearances of the fronts of the buildings shall have a distinction between the townhouse dwelling units, by varying width, different exterior materials on the facade or changing rooflines.
(b) 
Setbacks shall vary from one dwelling unit to the other or from each pair of dwelling units, so that each is offset from the next by design, so that roof elevations vary by no less than 13 inches in height every two dwelling units. The front wall of each pair of dwelling units shall be designed to provide a minimum two-foot offset from each pair of adjacent dwelling unit front walls on either side. A garage attached to and made an integral part of a dwelling unit shall not be considered in the design of the minimum two-foot offset.
(c) 
Townhouse structures containing three dwelling units may be designed with the same setback and roofline.
(3) 
No more than six townhouse dwelling units shall be attached.
(4) 
Natural resource protection standards in § 160-25 of this chapter shall apply.

§ 160-30 Multiple dwelling.

A. 
Building size. No multiple-family building shall have a single facade which has a length to height ratio greater than five to one.
B. 
Building spacing. No two detached buildings shall be closer to one another than:
(1) 
Fifty feet in the MR and NC Districts.
(2) 
The average height of the two buildings at any two points of comparison in PR and BC Districts.
C. 
Public utilities required. Each dwelling shall be provided with an off-lot water supply and shall be connected to an off-lot sewage facility at the time of development.
D. 
Recreation space. At least 0.15 square feet of lot area per one square foot of floor area shall be usable recreation space.
(1) 
Definition. "Recreation space" is defined as the part or parts of a lot designed and developed for use by the occupants of the lot for recreation, gardens or any leisure activities.
(2) 
Requirements. Such spaces shall be effectively separated from automobile traffic and parking and readily accessible by all those for whom it is required. At least 75% of the area shall have a grade of less than 8% and all recreation space counted in this computation shall be at least 20 feet away from any residential wall containing a window. Finally, each individual recreation space shall have a minimum dimension of 100 feet unless the total recreation space is less than 10,000 square feet.
E. 
Site design. The layout and design shall be consistent with current principles and particles of modern site planning and development in accordance with Section 503(5) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10503(b) et seq.

§ 160-31 Conversion apartments.

A. 
In MR, NC and BC Districts, such conversion shall be authorized only for large buildings that have little economic usefulness as single-family dwellings or other conforming uses (i.e., schools, industrial buildings, barns) erected prior to the adoption of this chapter. In the Industrial District, such conversion shall be permitted only in existing one-family, twin and townhouse dwellings.
B. 
No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety.
C. 
The dimensional, parking and other applicable requirements of this chapter for the district in which such conversion is proposed shall not be reduced, except that the minimum lot area requirements shall be substituted by the following:
(1) 
MR and NC Districts: 3,000 square feet of lot area per dwelling unit.
(2) 
BC District: 2,000 square feet of lot area per dwelling unit.
(3) 
I Districts: No minimum lot area requirements, but no more than one unit in addition to the existing one-family, two-family or townhouse dwelling.

§ 160-32 Boardinghouse.

A. 
Accommodations must be designed for more than three but not more than 15 boarders and for periods of one week or more.
B. 
Any approved structural alterations to an existing building proposed in conjunction with the establishment or enlargement of any boardinghouse shall be located on a side of the building not facing a public street.
C. 
No facilities for cooking shall be provided in individual rooms or suites.
D. 
The dimensional, parking and other applicable requirements of this chapter for the district in which such boardinghouse is located shall not be reduced, and, further, the lot on which such boardinghouse is located shall have a lot area, in addition to other lot area requirements as may be required by this chapter, of not less than 500 square feet for each boarder.

§ 160-33 Dormitories.

A. 
The dimensional, parking and other applicable requirements of this chapter for the district in which such dormitory is located shall not be reduced, and, further:
(1) 
Dormitories shall be accessory to and located on the same lot with a parent religious, educational, charitable or philanthropic institution.
(2) 
A lot area of not less than 1,000 square feet for each person for whom accommodation is provided shall be assigned in LR and MR Districts and 500 square feet in BC Districts.
B. 
Accommodations must be for three or more persons and for periods of one month or more.
C. 
No facilities for cooking shall be provided in individual rooms or suites.

§ 160-34 Day care.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DAY-CARE CENTER
A facility for profit or not for profit in which care is provided for seven or more children or four or more disabled and/or elderly persons at any one time, where the child- or adult-care areas are not being used as a family residence. Operators must be licensed by the Pennsylvania Department of Public Welfare (DPW) and/or the Department of Aging.
FAMILY DAY-CARE HOME
Any premises, other than the care receiver's own home, operated for profit or not for profit. Child or adult day-care is provided at any one time for four to six children or four or more disabled and/or elderly persons who are not relatives of the caregiver. The child- or adult-care areas are being used as a family residence. Any individual operating a family day-care home is required to have a registration certificate issued by the Pennsylvania Department of Public Welfare and/or the Department of Aging.
GROUP DAY-CARE HOME
A facility in which care is provided for more than six but less than 12 children or four or more disabled and/or elderly persons who are not relatives, where the child- or adult-care areas are being used as a family residence. The Department of Public Welfare mandates that there are at least two caregivers in a group day-care home and that they must be licensed by the Department of Public Welfare and/or the Department of Aging.
B. 
Exemptions. Babysitting operations and day center/nursery schools in places of worship during religious services are exempted from the chapter requirements.
C. 
The above-defined day-care facilities must hold an approved Pennsylvania Department of Public Welfare and/or Department of Aging registration certificate or license, as appropriate, and meet all current DPW and Department of Aging regulations, including these standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.
D. 
The above day-care facilities may only be permitted as listed in the Use Regulations Table.[1]
[1]
Editor's Note: Said table is located at the end of this chapter.
E. 
Family and group day-care homes shall be conducted in a building designed for residential occupancy and be accessory to the residential use. In dwelling types other than single-family residential, no more than four children are permitted.
F. 
They shall provide care for preschool, school-age children and disabled or elderly adults.
G. 
Additional safeguards for all family day-care homes and group day-care homes are as follows:
(1) 
Parking. In addition to the particular district's parking requirements, there shall be one additional off-street parking space provided for each nonresident employee and one safe passenger unloading space, measuring at least 10 feet by 20 feet.
(2) 
Outdoor play area. An area of 100 square feet per child, which is not composed of impervious surfaces, shall be located only in the rear and/or side yard of the property.
(3) 
Fencing. The requisite outdoor play area shall be surrounded by a safety fence a minimum of four feet in height.
(4) 
Buffering and screening. The requirements of §§ 160-82B and C of this chapter shall apply.
(5) 
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(6) 
Signs.
(a) 
The area of the sign shall not exceed six square feet.
(b) 
Only one sign is permitted.
(c) 
The sign shall be attached to the building or may be a freestanding sign located 10 feet behind the street right-of-way line.
(7) 
When day care is provided in a home, the amount of floor area devoted to such purposes shall not exceed 30% of the total floor area of the dwelling, and there shall be no change to the exterior of the building for the purpose of accommodating the day-care use.
H. 
Safeguards and requirements for day-care centers are as follows:
(1) 
Off-premises play area. When an off-premises outdoor play area is utilized, it must be located within 1,000 feet and safely accessible without crossing at grade any arterial street or other hazardous area.
(2) 
Outdoor play area. An area of 100 square feet per child, which is not composed of impervious surfaces, shall be required.
(3) 
Fence. The outdoor play area required by state licensing shall be surrounded by a safety fence or natural barrier a minimum of four feet in height.
(4) 
Play area setback. No portion of the outside play area shall be less than 50 feet from an existing occupied dwelling without the owner's written consent.
(5) 
Buffering and screening requirements of §§ 160-82B and C of this chapter shall apply.
(6) 
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(7) 
Signs. The area of one side of any sign shall not exceed 20 square feet, and no more than one sign shall be placed on each street frontage.
(8) 
Parking shall be in accordance with parking requirements for schools (§ 160-104D).
(9) 
Circulation. The loading and unloading of children shall not obstruct the normal flow of traffic.

§ 160-35 Private nurseries and kindergartens.

A. 
Definition. A private nursery school or kindergarten exists when five or more children from three through six years of age are gathered regularly for the purpose of developing intellectual, emotional, physical and social skills, and the operator possesses a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.
B. 
Other regulations. The private nursery or kindergarten must also meet any applicable state and municipal building and firesafety codes.
C. 
The private nursery school or kindergarten shall be permitted to locate by special exception and if it complies with all zoning regulations governing day-care centers (§ 160-34), with licensing by the Department of Public Welfare.
D. 
Inspections. Municipal officials reserve the right to make periodic inspections to ensure continued compliance with all state and municipal requirements.
E. 
Parking shall be in accordance with the parking requirements for schools (§ 160-104D).

§ 160-36 Nursing homes.

A. 
Such homes shall be constructed and operated in accordance with all applicable laws of the Commonwealth of Pennsylvania.
B. 
In LR and MR Districts, nursing homes shall have frontage on and direct access to an arterial or collector street.
C. 
A minimum of 500 square feet per patient, but in no case less than 15,000 square feet total lot area.

§ 160-37 Personal care facilities.

A "personal care facility" is defined herein as a facility which contains a separate room or group of rooms occupied by one or more persons not the owner thereof, as a habitable unit for living and sleeping, without a kitchen, and in connection with an aide who is on call every hour of the day or night to assist the occupant.
A. 
A building may be erected or used and a lot may be used or occupied for any of the following purposes:
(1) 
A room or group of rooms as a habitable unit for living, without a kitchen.
(2) 
Common facilities required to support the needs of the residents.
(a) 
Dining facilities, including kitchens and accessory facilities for residents and their guests.
(b) 
Social rooms; meeting rooms.
(c) 
Health care facilities, including clinic, rehabilitation services, nursing care, convalescent care, intermediate care, extended care, personal care, laboratory and other similar facilities.
(d) 
Administrative office uses in the management of the facility.
(e) 
Activity rooms, craft or hobby shop and similar-type uses.
B. 
There shall be a minimum lot area of 500 square feet per patient, but in no case less than 15,000 square feet total lot area.
C. 
A buffer yard and screening shall meet the requirements as specified in §§ 160-82B and C.
D. 
The facility shall have access to a public street.
E. 
Off-street parking shall be provided as required in § 160-104C.
F. 
Each facility shall be a single legal entity and shall be retained in single ownership.

§ 160-38 Police and fire stations.

In districts where police and fire stations are expressly permitted, they shall have frontage on and access to an arterial or collector street.

§ 160-39 Offices.

A. 
As defined herein, offices shall be limited to the following:
(1) 
Business office. An office which generally operates on a first-come, first-served basis and which has relatively high pedestrian or vehicular traffic, including advertising agencies, medical and dental clinics, opticians' offices, personnel agencies, travel and ticket agencies and mail order business offices.
(2) 
Professional office. An office which generally operates on an appointment basis and with relatively low pedestrian or vehicular traffic, including offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, realtors, teachers and miscellaneous consulting services.
(3) 
Public office. An office of a governmental agency, social service organization, District Justice, notary, public or private utility or political organization.
[Amended 7-7-1997 by Ord. No. 604]
(4) 
Financial office. An office of a bank, savings-and-loan association, credit and loan company, collection agency or stock and bond broker.
B. 
The issuance of a zoning permit for any office use not listed herein or not permitted in the zoning district in which application is made is specifically prohibited without a zoning amendment.
C. 
In the PR District, permitted offices shall be located with other commercial uses as an integral part of a planned commercial center using coordinated and joint access points.
D. 
In MR Districts, permitted offices shall:
(1) 
Be established wholly within existing principal buildings located on a lot.
(2) 
Not use show windows or any advertising display visible from outside any building other than signs permitted in residential districts and as contained in Article VIII.
(3) 
Not provide drive-in facilities offering goods or services to customers waiting in parked vehicles.

§ 160-40 Business service establishments.

As defined herein, business service establishments shall be limited to the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending machines; frozen-food lockers; the painting, repair and assembly of signs; printing, copy ad photostatting services; arts, crafts, drafting and stationery supplies; food catering; interior decorating; taxidermy; upholstering; laundry and dry-cleaning plants. However, among the uses which shall not be interpreted to be business service establishments are retail shops and stores, gasoline and motor vehicle service stations, vehicular sales and rental, mortuaries, warehousing and distribution facilities and contractors' offices. The issuance of a zoning permit as a business service establishment for any use not listed herein is specifically prohibited without a zoning amendment.

§ 160-41 Commercial recreation and entertainment facilities.

A commercial recreation and entertainment facility is defined herein as an activity operated as a gainful business, open to the public, for the purpose of public entertainment or recreation, including but not limited to bowling alleys, theaters, health clubs, miniature golf courses, arenas, swimming pools and skating rinks, but not including adult theater; such use shall be housed in a structure sufficiently sound-insulated so as to protect the neighborhood from inappropriate noise in any season.

§ 160-42 Retail stores and businesses.

A. 
As defined herein, retail stores and businesses shall be limited to shops and stores whose primary activities involve the sale or lease of amusements and games, antiques, art, books, beverages, carpets and rugs, glass, confections, drugs, dry goods, flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, notions, paint, periodicals, photographs and photographic equipment, radio/television and sound equipment, sporting and camping goods, stationery, tobacco, toys and wearing apparel. The wholesale distribution or manufacture of the foregoing products are not included herein, but are permitted uses as provided in another section of this chapter.
B. 
Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this chapter, including but not limited to gasoline and motor vehicle service stations, vehicular sales and rental, department stores, restaurants, taverns, nightclubs, hotels and motels, business services, mortuaries, contractors' offices, mills and lumberyards. The issuance of a retail store or business zoning permit for any use not listed herein is specifically prohibited without a zoning amendment.
C. 
Permitted retail stores and business shall:
(1) 
In the PR District, be located with other commercial uses as an integral part of a planned commercial center using coordinated design and joint access points.
(2) 
In the PR District, not include drive-in facilities offering goods or services to customers waiting in parked vehicles.

§ 160-43 Gasoline-dispensing facility and motor vehicle service stations.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GASOLINE-DISPENSING FACILITY
A retail facility of any type for the dispensing of fuel for motor vehicles, including but not limited to self-service gasoline facilities (facilities which are designed, intended or do require, permit or allow customers to dispense any type of fuel for motor vehicles rather than having such fuel dispensed by employees or by the operator of the facilities). Gasoline includes any type of fuel for motor vehicles.
GASOLINE-DISPENSING FACILITY WITH AN ACCESSORY CONVENIENCE STORE
A retail facility as defined above ("gasoline-dispensing facility") with an associated accessory retail establishment offering for sale prepackaged food products, nonalcoholic beverages, coffee and other goods commonly associated with the same.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing, servicing (including major repairs), painting, body and fender repairs, vehicular rentals and automatic car washes, but not including vehicular sales.
B. 
All gasoline-dispensing facilities or motor vehicle service stations shall:
(1) 
Not involve vehicular sales.
(2) 
Not store or repair vehicles having three or more axles.
(3) 
Be located and all servicing shall be conducted within the confines of the lot.
(4) 
Have fuel pumps located at least 20 feet from any street line or highway right-of-way.
(5) 
Store all automobile parts, dismantled vehicles and similar articles within a building.
(6) 
Not locate within 1,500 feet of another gasoline-dispensing facility or motor vehicle service station.
C. 
Gasoline-dispensing facilities shall:
(1) 
Not include facilities for nor perform major repair, body or fender work, painting, vehicular rental, automatic car washes or tire recapping.
(2) 
Have no repair work performed outdoors, other than minor adjustments, while pumping gasoline.
(3) 
Have a minimum lot area of 10,000 square feet.
D. 
Gasoline-dispensing facilities with an accessory convenience store shall have the following requirements in addition to the requirements listed in Subsections B and C:
(1) 
The maximum sales area of the convenience store shall be 500 square feet.
(2) 
One parking space for each 100 square feet of floor area of the convenience store, plus one handicapped parking space located near the entrance, shall be required. The parking lot shall be in conformance with § 135-20C of Chapter 135, Subdivision and Land Development.
(3) 
None of the other uses allowed in the Borough Core or Neighborhood Commercial Districts shall be allowed on any lot or parcel used for a gasoline-dispensing facility with an accessory convenience store.
(4) 
Roofs or canopies may be used for protection of the customers, lighting and signage. Roofs and canopies shall be considered structures and shall conform with all area and dimensional requirements of the district.
E. 
Motor vehicle service stations shall have:
(1) 
No tire recapping facilities.
(2) 
No repair work performed out of doors (other than minor adjustments) requiring motor overhaul, transmission repair, differential repair, brake bands and shoes, body work and similar services.
(3) 
A minimum lot area of 20,000 square feet.

§ 160-44 Hotels and motels.

A "hotel" or "motel" is defined as a building other than a rooming house, boardinghouse or dormitory arranged or used for sheltering, sleeping or feeding, for compensation, of eight or more persons and in which no provision is made for cooking in any individual room or suite.

§ 160-45 Mortuary.

A "mortuary" is defined as a building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles.
A. 
No facilities for cremation shall be permitted within the Borough.
B. 
In all districts, mortuaries shall have frontage on and access to an arterial or collector street.
C. 
In MR Districts, mortuaries shall be established only within existing principal buildings, plus authorized extensions thereto.

§ 160-46 Personal service establishments.

A. 
As defined herein, personal service establishments shall include and be limited to barbershops, beauty parlors, self-service laundry and dry-cleaning establishments, laundromats, radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches, tailor and dressmaking shops, travel and ticket agencies and pet grooming with no overnight boarding.
B. 
Permitted personal service establishments shall:
(1) 
In the PR District, be located with other commercial uses as an integral part of a planned commercial center using coordinated design and joint access points.
(2) 
In PR Districts, not include drive-in facilities offering goods or services to customers waiting in parked vehicles.

§ 160-47 Restaurants, taverns and nightclubs.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
QUICK-SERVICE RESTAURANT
A public eating place primarily offering a stand-up counter, vending machine, window or in-car service and offering preprepared or standardized food for either on- or off-premises consumption.
SIT-DOWN RESTAURANT
A public eating place primarily offering a sit-down counter or table service and serving prepared foods for on-premises consumption.
B. 
As described herein, a tavern is a sit-down restaurant offering alcoholic beverages but not having live entertainment; a nightclub is a sit-down restaurant offering alcoholic beverages and having live entertainment, but not including adult theater.
C. 
When permitted in a PR District, restaurants, taverns and nightclubs shall be located with other commercial uses as an integral part of a planned commercial center using coordinated design and joint access points.

§ 160-48 Veterinary office or hospital; kennel.

A. 
A "veterinary office or hospital" is defined herein as a place where household animals (dogs, cats, birds and the like) are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment.
B. 
Kennels shall be permitted by special exception in the MR and BC Districts, provided that suitable measures are provided for the protection of neighbors from noise disturbance, and suitable measures are provided for the disposition of organic waste.
C. 
Veterinary offices, hospitals and kennels shall be located in a detached building with no other principal uses located therein.

§ 160-49 Communication transmitting and receiving facilities.

"Communication transmitting and receiving facilities" are defined herein to include utility stations, radio towers and transmitting stations, electric substations, pumping stations, automatic telephone exchanges, micro-relay stations and the like, subject to the following conditions:
A. 
In MR, NC and BC Districts, such uses shall be permitted only if such proposed use is essential to servicing such district, and no public business office shall be operated in connection with any such uses.
[Amended 7-7-1997 by Ord. No. 604]
B. 
No storage yard, storage building nor repair facilities shall be operated in connection with such use, except in I Districts.
C. 
All such stations and associated storage and repair facilities shall be buffered in accordance with § 160-82B, except when located in I Districts.

§ 160-50 Community garage or parking lot.

As defined herein, a community parking lot is a lot of record on which the unenclosed parking or storing of automotive vehicles is the primary use of said lot, and a community garage is a lot of record on which the enclosed parking or storing of automotive vehicles is the primary use of said lot.
A. 
No sale, rental, service or repair operation is permitted.
B. 
All such parking lots shall meet the Borough design standards for off-street parking.
C. 
In MR, NC and BC Districts, the parking or storage of trucks or trailers other than those owned and routinely used by a principal use located in the same district is prohibited.

§ 160-51 Principal supply utilities.

A. 
In residential districts, no public business office shall be operated in connection with such use.
B. 
Storage yards or storage buildings may be operated in connection with such use only on application to the Zoning Hearing Board for special exception and following demonstration to the satisfaction of the Board that it is essential to service customers in the district in which it is located.
C. 
In new subdivisions, land developments or redevelopment areas, utility distributing and service facilities shall be installed underground unless, in the opinion of the Planning Commission, special conditions require otherwise. When the Pennsylvania Public Utilities Commission has adopted rules or orders covering underground installations, these rules or orders shall at all times apply.
D. 
A buffer yard shall be provided along all property lines except properties used exclusively for rights-of-way.

§ 160-52 Apartment combined with a commercial use.

A dwelling may be located in a building as an accessory use to a commercial use in the NC and BC Districts, provided that all dimensional, parking and other applicable requirements of this chapter are provided in addition to those required for the commercial use itself.

§ 160-53 Produce stand.

Produce stands are permitted only in LR, NC and BC Districts by special exception and subject to the following conditions:
A. 
The stand shall not exceed 400 square feet of gross floor area for the sale of agricultural products.
B. 
The stand shall not be located within 10 feet of any right-of-way.
C. 
Temporary stands or shelters shall be erected for a maximum of 120 days per year. The stands or shelters used for such sales shall be removed during that period when not in use for the display or sale of products.
D. 
In the LR District, no stand shall be erected on a lot except as an accessory use to an established principal agricultural use; and further, such stand shall be discontinued prior to or coincidental with the disestablishment of its parent agricultural use.

§ 160-54 Home occupation.

A. 
The occupation or profession shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.
B. 
There shall be no exterior display, no exterior sign (except as permitted under Article VIII), no exterior storage or materials and no other exterior indication of the home occupation or variations from residential buildings.
C. 
There shall be no maintenance of a stock-in-trade or the use of show windows or displays or advertising visible outside the premises to attract customers or clients other than professional announcement signs as permitted in Article VIII.
D. 
No articles are sold or offered for sale except as may be produced on the premises.
E. 
No repetitive servicing by truck for supplies and material shall be required.
F. 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
G. 
The occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than one additional employee.
H. 
The floor area devoted to a home occupation, regardless of where it is located on a lot, shall be equivalent to not more than 25% of the around floor area of the principal residential structure, excluding ground floor area covered by an attached garage.
I. 
In particular, a home occupation includes but is not limited to the following: art studio, professional office of a physician, dentist, lawyer, engineer, architect, writer, personal business office or accountant within a dwelling occupied by the same, teaching of not more than four pupils simultaneously or, in the case of musical instruction, not more than a single pupil at a time. However, among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, barbershops and beauty parlors; commercial stables and kennels; funeral parlors or undertaking establishments; antique shop; and restaurants.

§ 160-55 Horticulture.

The growing of fruit, vegetables, flowers, ornamental plants or trees, including the use of greenhouses, for a profit, are allowed subject to the following requirements:
A. 
Such use must be accessory to a permitted principal use in the district in which the use is proposed.
B. 
In the LR District, the on-lot sale of any of the products of such horticultural use shall be in accordance with § 160-53.
C. 
In the MR District, no on-lot sales shall be permitted.

§ 160-56 Private swimming pool.

A. 
A "swimming pool" is defined herein as any structure intended for swimming and/or diving purposes, made of concrete, masonry, metal or other man-made impervious material, or a combination thereof, in which the water is treated to maintain a sanitary condition and that has a water depth of 24 inches or more. This includes in-ground, above-ground/on-ground swimming pools and hot tubs/spas. Pools are permitted as an accessory use to a residential use.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABOVEGROUND/ON-GROUND SWIMMING POOL
A removable swimming pool of any shape that has walls and an impervious liner that is located on the surrounding earth and may be disassembled or stored and reassembled to its original integrity.
BARRIER
A fence, a wall, a building wall, or a combination thereof.
HOT TUB/SPA
A structure containing water, intended for recreational use, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
IN-GROUND POOL
A permanent swimming pool in which the surface of the water is approximately level with the surrounding around surface and the volume of water is below ground level.
C. 
A swimming pool is permitted as an accessory use to a residential dwelling unit subject to the following:
(1) 
An outdoor swimming pool, including an in-ground, aboveground/on-ground pool and hot tub/spa, shall be provided with a barrier that completely surrounds the swimming pool, which shall comply with the following:
(a) 
The top of the barrier shall be at least 48 inches (four feet) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be two inches.
(b) 
Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
(c) 
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(d) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(e) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed four inches.
(f) 
Maximum mesh size for chain link fences shall be a one-and-one-fourth-inch square, unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.
(g) 
Where the barrier is composed of diagonal members, such as lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
(h) 
Access gates shall comply with the requirements of Subsections C(1)(a) through (g) above and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the following shall apply:
[1] 
The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate.
[2] 
The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
(i) 
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(2) 
A zoning permit shall be required to locate or construct an in-ground swimming pool.
(3) 
A pool, including filters and other mechanical equipment, shall not be located within 20 feet of any property line.
(4) 
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
(5) 
There shall be no cross-connection with a public sewerage system.
(6) 
The permanent inlet shall be above the overflow level of the pool.
(7) 
At the time of application for a zoning permit, it shall be demonstrated that the drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities and with public streets and shall not drain onto a neighboring property.
(8) 
A dense planting of trees and shrubs shall be established and maintained between the pool and all property lines to protect the adjoining properties from noise arising from mechanical equipment and activities in and around the pool.

§ 160-57 Rooming house.

A. 
A "rooming house" is defined herein as a building arranged or used for rooming, with or without meals, but for compensation, provided that:
(1) 
A rooming house must be an accessory use to a single-family dwelling.
(2) 
Accommodations must be for three or fewer persons and for periods of one week or more.
(3) 
No facilities for cooking shall be provided in individual rooms or suites.
(4) 
No structural alterations of the building exterior shall be made except as may be necessary for purposes of safety.
(5) 
The dimensional, parking and other applicable requirements of this chapter for the district in which such rooming house is located shall not be reduced.
B. 
In MR and NC Districts, the establishment of a rooming house as an accessory use shall be authorized only for large single-family detached dwellings that have an existing floor area of 1,500 square feet, plus 300 square feet for each roomer; and the lot on which such rooming house is located shall have a lot area, in addition to other lot area requirements as may be required by this chapter, of not less than 500 square feet for each roomer.

§ 160-58 Temporary structures and uses.

A temporary permit may be issued for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
A. 
The life of such permit shall be only for the period required and shall not exceed six months, renewable at additional three-month intervals, not to exceed a maximum life of one year, unless, owning to special circumstances, additional life is required and special exception is authorized by the Zoning Hearing Board.
B. 
Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board by special exception.
C. 
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.

§ 160-59 Accessory buildings; private garages.

A. 
Residential accessory building. A dwelling for parents, grandparents or other relatives by blood, marriage or adoption of the resident property owners; for domestic servants or caretakers employed on the premises; and for occasional gratuitous guests.
(1) 
The accessory residential building may be attached to the principal building or may be a detached building.
(2) 
Only one residential accessory use shall be allowed per property which is non-income-producing.
(3) 
The lot must conform to the minimum lot area requirements for a single-family detached dwelling in the applicable zoning district.
(4) 
A permit from the Bucks County Department of Health shall be required for the sewage facilities prior to the issuance of a zoning permit.
(5) 
The minimum yard and setback requirements for a single-family dwelling for the applicable zoning district shall be met.
(6) 
Parking. Existing parking spaces shall not be diminished, and an additional parking space shall be provided for each additional vehicle.
(7) 
The Borough will maintain a list of accessory residential buildings which will be reviewed and recertified annually.
B. 
Accessory buildings; private garages.
(1) 
In the LR District, a private garage or other accessory building shall not be permitted in the required front yard but may be erected within a rear or side yard if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the principal building and at least six feet from the side or rear yard lines.
(2) 
In MR and NC Districts, a private garage or other accessory building shall not be permitted in the required front yard but may be erected within a rear or side yard if entirely separated from the principal building and either five or more feet or zero feet from both the side and rear yards. When a private garage or other accessory building is located on a side or rear lot line, an access easement shall be provided along each yard to allow for necessary maintenance of the building.
(3) 
In all other zoning districts, private garages or other accessory buildings shall be located and erected in accordance with the standard dimensional requirements for the district in which such garage or accessory building is located.

§ 160-60 Other accessory uses.

Accessory uses customarily incidental to permitted principal uses are permitted in all districts subject to the following requirements:
A. 
When any use is proposed as an accessory use under this section and where such use is listed herein as a permitted principal use in one or more zoning districts, then permission to establish any such use shall be granted only by special exception.
B. 
Such accessory uses shall be accessory only to permitted or conforming principal uses.
C. 
Clear demonstration shall be made that any such accessory use is related to, supporting of and commonly associated with, yet clearly incidental to, the parent principal use.
D. 
Generally, such accessory uses shall be conducted within a principal building, and under no conditions shall such accessory use involve outdoor storage or display of goods which are covered by other provisions of this chapter.
E. 
Retail sales may be included among those accessory uses deemed appropriate, provided that they are conducted primarily for the convenience of the employees or occupants of the principal use.

§ 160-61 Adult bookstores; adult theater.

A. 
The proposed use shall be at least 500 feet from the nearest point of an existing church (or other place of worship), existing school or day-care center.
B. 
No material, items or activities which are characterized by an emphasis on obscene matter shall be permitted.
(1) 
"Obscene," as used in this section, means that which, to the average person applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to the prurient interest. It is determined as obscene applying the following guidelines:
(a) 
Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
(b) 
Whether the subject matter depicts or describes, in a patently offensive way, sexual conduct of a type hereinafter described.
(c) 
Whether the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
(2) 
The types of sexual conduct referred to here include patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals. "Community," for the purpose of applying the contemporary community standards herein, shall be considered to be the local community standards.
C. 
No material containing sexual anatomical areas or activities shall be visible from any perimeter property line; this shall include any signage or display windows.
D. 
Any building, structure or property erected, altered or used as a bookstore or motion-picture theater, indoor or outdoor, shall be authorized as a special exception in only the zoning district(s) permitting such uses, and then only upon the finding by the Zoning Hearing Board that the prohibited uses and conduct herein shall not be used for the prohibited purposes. In the proceeding before the Zoning Hearing Board, the burden of proof shall be upon the applicant to establish that obscene uses and conduct shall not be engaged in.

§ 160-62 Mobile homes.

A. 
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
B. 
Mobile homes shall be subject to the following requirements: Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart, with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
C. 
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
D. 
All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.

§ 160-63 Mobile home park.

A. 
Dimensional requirements shall be as follows:
(1) 
Minimum lot area: 12,500 square feet.
(2) 
Minimum lot width at building setback line: 75 feet.
(3) 
Maximum building coverage: 25%.
(4) 
Minimum yards:
(a) 
Front: 30 feet.
(b) 
Side: 10 feet (40 feet aggregate).
(c) 
Rear: 35 feet.
(5) 
Minimum distance between units: 40 feet.
B. 
Performance standards.
(1) 
Minimum site area: five acres.
(2) 
Maximum site area: 10 acres.
(3) 
Maximum density: 3.48 dwelling units per acre.
(4) 
Maximum impervious surface: 30%.
C. 
Use regulations. A mobile home park may include the following, provided that the requirements of this and any other pertinent sections are met:
(1) 
Mobile home.
(2) 
Accessory uses on individual lots customarily incidental to individual mobile homes as provided in Article IV, § 160-21B(2), Accessory uses.
(3) 
A building or mobile home for office space for the manager of said mobile home development.
D. 
The following conditions shall apply to all mobile homes:
(1) 
No more than one mobile home shall be placed on a mobile home lot, and such mobile home shall be occupied by not more than a single family.
(2) 
The exterior covering material of the mobile home shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior material need not extend below the top of the foundation.
(3) 
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring in which the mobile home shall be secured.
(4) 
Each mobile home shall be served by and connected to a public sanitary sewer disposal system and public water supply. Internal streets shall have hydrants placed so that no mobile home is more than 600 feet from a hydrant. Each lot shall be equipped with a sewer riser pipe and water riser pipe.
(5) 
Buffering. The buffer and screening requirements of § 160-82 of this chapter shall be met.
(6) 
Parking. Two spaces for three bedrooms or fewer or three spaces for four bedrooms or more shall be required. An additional 0.5 off-street parking space per mobile home lot shall be provided in a common parking area for visitors.
(7) 
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 135, Subdivision and Land Development.
(8) 
Submission of master plan. The mobile home park shall be constructed in accordance with an overall plan and shall be designed as a single or common operating and maintenance unit under one ownership, unless an approved subdivision plan has been recorded, in which case individual lots may be sold pursuant to such plan.

§ 160-64 Mixed principal uses.

A. 
In the NC, BC and I Districts, principal permitted uses may be mixed on the same lot only when authorized by special exception. The following additional conditions shall apply:
(1) 
In the NC District, gasoline-dispensing facilities, retail stores and businesses, sit-down restaurants and taverns and utilities and transportation uses may be mixed with each other, but not with any other permitted use.
(2) 
In the BC and I Districts, use groups in commercial, industrial or utilities and transportation categories may be mixed with each other, but not with any other permitted use and not within any residential use and not within any building attached or connected to any residential use on an adjacent lot, whether permitted or existing as a lawful nonconforming use.
B. 
In all districts, the yard dimensions and lot area, densities, open spaces, building bulk standards and parking requirements ordinarily applicable shall apply on an individual and separate basis, although aggregated on the same lot, whether the uses are mixed as permitted in this chapter or by special exception.

§ 160-65 Prohibited uses.

A. 
No building may be erected, altered or used and no lot or premises may be used in any district from any use which is noxious or offensive by reason of odor, which constitutes a public hazard by reason of fire, explosion, odor, dust, vibration, illumination or noise or otherwise (as established in Article VII). Specifically, any use or proposed use shall not:
(1) 
Constitute a public nuisance beyond a zoning district boundary line by reason of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2) 
Result in excessive noise or vibration.
(3) 
Endanger surrounding areas by reason of fire, explosion or otherwise.
(4) 
Contribute to the pollution of water or air.
(5) 
Create any other objectional condition beyond a zoning district.
B. 
The applicant, as a condition of approval of a permit application, shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed uses will not be noxious, hazardous or offensive, as defined above. In order to determine that adequate safeguards are provided, the Zoning Officer or the Zoning Hearing Board may:
(1) 
Require that the applicant submit necessary information, plans, impartial expert judgments and written assurances.
(2) 
Obtain the expert advice of official agencies or of private experts or consultants.
(3) 
Make such reasonable tests as a re deemed necessary.

§ 160-66 Maximum building heights.

A. 
No building shall exceed the maximum heights specified in Article IV for each applicable zoning district; except, however, in zoning districts where building heights above these maximum limitations are specifically suggested pursuant to this section, then the following regulations shall also apply.
B. 
The Zoning Hearing Board may waive the maximum building height by special exception in zoning districts, provided that:
(1) 
Such increase does not exceed 100%.
(2) 
Adequate measures are taken to ensure adequate fire protection and other public safety matters.
(3) 
Generally, each required yard and the building setback line shall be increased one foot for each foot or portion thereof that the proposed building height exceeds the applicable district limitation; however, such increases are not mandatory and may be reduced or eliminated where it is demonstrated that the location of any proposed building with an increased building height shall not unreasonably deprive any other building or any portion of any adjacent lot or building of light or air.
(4) 
For each four feet of increased building height, the maximum permitted building area shall be decreased 1%, such reduction not to exceed 1/4 of the required building area.

§ 160-67 Maximum structural heights.

The maximum height limitations of this chapter shall not apply to church spires, belfries, cupolas, monuments, silos, domes or any other structure not intended for human occupancy, nor to windmills, antennas, chimneys, ventilators, skylights, water tanks or other necessary mechanical appurtenances normally built above the roof level. Such building appurtenances, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.

§ 160-68 Traffic visibility across corners.

In all districts except BC, no structure, fence, planting or other structure shall be maintained between a plane two feet above curb level and a plane seven feet above curb level so as to interfere with the traffic visibility across the corner within a triangle bounded by the street lot line and a straight line drawn between points on each such lot line 25 feet from the intersection for said lot lines or extension thereof.

§ 160-69 Building setbacks on corner lots and double frontage lots.

In cases where lots have frontage along two or more streets, the minimum building setback requirement shall apply to each street according to the minimum requirements for the district in which the lot is located.

§ 160-70 Front yard exception.

A. 
Wherever in any zoning district the present setback of existing buildings is greater than the minimum provided, the required setback of a building hereafter erected shall be the same as or greater than the present setback of existing buildings in the same block on the same side of the street, except when a special exception is authorized.
B. 
Wherever in any zoning district the present setback of existing buildings is less than the minimum requirement for the district involved, the required setback of any building hereafter erected shall be at least the average setback formed by the alignment of existing buildings within 100 feet on each side of the proposed building and within the same block.

§ 160-71 Side yard exception.

A. 
In cases where party walls are permitted between principal buildings, such as single-family attached dwellings, no side yards are required for any building located upon such party wall lot line.
B. 
On lots along the boundaries of districts where no side or rear yard is normally required, side and rear yards shall be provided, if such yards are required in the adjacent district. The dimension of such side or rear yard shall be equal to that required in the district on which such lot abuts.

§ 160-72 Rear yard requirement for triangular lots.

In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the front lot line shall be at least twice the minimum rear yard requirement for that district.

§ 160-73 Permitted uses in yards.

A. 
Projections. Unenclosed, ground-story terraces, patios and porches may project into any required yard not more than 1/2 of its required dimension and not more than 10 feet in any case. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.
B. 
Fences.
(1) 
Fences or walls erected within the required front yard shall not exceed four feet in height and shall be constructed in a manner such that not greater than 40% of the total facade of the fence shall be of opaque materials. Solid retaining walls that do not extend in height greater than the first floor elevation shall be exempted from this section.
(2) 
No fence or wall shall be permitted within the ultimate right-of-way line of any public street or alley.
(3) 
Fences erected within the required rear or side yards or in front of any building, but not within the required front yard, shall not exceed six feet in height; except fences to enclose tennis courts, swimming pools, playgrounds or other recreational area, provided that such fence is chain link, open wire or other nonopaque style, which may be erected to a height of not greater than 12 feet.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, off-street parking, was repeated 11-12-2012 by Ord. No. 681.
D. 
Outdoor storage: see § 160-83A.

§ 160-74 Walls not parallel to lot line.

Where a wall of a building is not parallel with its corresponding lot line, the required width or depth of any yard or setback on that side of the building shall be taken as the average width or depth, provided that said yard or setback shall not be narrower at any point than 3/4 of the required width or depth.